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Rent is late: a step-by-step timeline for NY & NJ landlords
What to send, and when, from the day rent is due to the day you can file. Each step links to a free form that works out the dates.
The days below assume rent is due on the 1st. Your lease's due date moves everything.
New York
| When | What happens | Rule |
|---|---|---|
| Day 1 | Rent is due. | Your lease |
| Not received within 5 days of the due date | Send the 5-Day Late Rent Notice by certified mail. If you skip it, the tenant can use that as a defense later. | RPL § 235-e(d) |
| More than 5 days late | A late fee can apply only if the lease has one: no more than $50 or 5% of the monthly rent, whichever is less. | RPL § 238-a(2) |
| Rent still unpaid | Serve a written 14-Day Rent Demand with the Good Cause notice attached. Deliver it by an RPAPL § 735 method (personal delivery, or substituted or conspicuous-place service plus certified and regular mail). Mail alone doesn't count. | RPAPL § 711(2), § 735; RPL § 231-c |
| 14 days after service | Deadline to pay or move. The day of service isn't counted, and a deadline landing on a weekend or holiday moves to the next business day. Our form calculates it. | GCL § 20, § 25-a |
| After the deadline, still unpaid | You may start a nonpayment case in court. Only rent can be sought, not late fees. Only a court can order an eviction. | RPAPL § 711(2), § 702 |
Rent-stabilized or rent-controlled? These forms aren't for you; talk to an attorney.
New Jersey
| When | What happens | Rule |
|---|---|---|
| Day 1 | Rent is due. | Your lease |
| Up to 5 business days | Grace period for tenants who are seniors or receive Social Security, SSI, certain pensions or Work First NJ benefits, when rent is due on the 1st. No late charge during it. | N.J.S.A. 2A:42-6.1 (per NJ DCA) |
| Once it's late | A late charge applies only if the lease has one. Optional: send a courtesy Late Rent Notice with the total due. It often gets rent paid without court. | Lease; NJ DCA |
| Still unpaid | A landlord may file for nonpayment in court; no notice to quit is required first. Federally subsidized housing needs a 14-day notice first (NJ DCA). | N.J.S.A. 2A:18-61.2 |
| Pays, but late again and again | Habitual late payment is a separate ground. Start with a Notice to Cease; if it keeps happening, a Notice to Quit with one month's notice can follow. | N.J.S.A. 2A:18-61.1(j), 61.2 |
Only a court judgment can require a tenant to leave. Never change the locks or remove belongings yourself.
Not a rent problem?
Lease violations, non-renewals and rent increases each need a different notice. See which notice you need.
Frequently asked questions
How many days late can rent be before a NY landlord sends a notice?
If rent isn't received within five days of the due date, New York requires the landlord to send the tenant a written notice by certified mail (RPL § 235-e(d)). Not sending it can be used as a defense in a nonpayment case.
When can a NY landlord charge a late fee?
Only if the lease has one, and only after rent is more than 5 days late. The fee is capped at $50 or 5% of the monthly rent, whichever is less (RPL § 238-a(2)).
How long after a 14-day rent demand can a NY landlord go to court?
If the rent isn't paid within 14 days after the demand is served, the landlord may start a nonpayment case (RPAPL § 711(2)). Only rent can be sought in that case, not late fees (RPAPL § 702).
Is there a grace period for rent in New Jersey?
Tenants who are seniors or receive Social Security, SSI, certain pensions or Work First NJ benefits get 5 business days when rent is due on the 1st, with no late charge in that period (N.J.S.A. 2A:42-6.1, per NJ DCA). Late charges must be in the lease.
Does a NJ landlord need to send a notice before filing for nonpayment?
N.J.S.A. 2A:18-61.2 doesn't require a notice to quit before a nonpayment filing. NJ DCA notes that federally subsidized housing requires a 14-day notice first. A courtesy letter is optional.
What if a NJ tenant pays, but always late?
Habitual late payment is its own eviction ground (N.J.S.A. 2A:18-61.1(j)). It starts with a written Notice to Cease. If late payment continues, a Notice to Quit with one month's notice can follow.